The Study On Legal Protection Of Labor Rights And Interests Of Crew Members Of Ocean Fishing Vessels

With the scarcity of offshore resources,the development of offshore fishing has gradually accelerated,but the laws and regulations related to it have not given it perfect protection,and there are still more problems in practice.At present,there is a lack of regulation in the management of offshore fishing vessel crews in China,which has led to some serious incidents at sea.Therefore,this paper analyses the current situation of the protection of the rights and interests of the crew of ocean-going fishing vessels from the perspective of labour law,and proposes corresponding legal protection countermeasures.The first part of this paper introduces the basic concepts and theories of labour rights protection for the crew of offshore fishing vessels.The concept of offshore fishing vessel crew has not been precisely defined in law so far,and most of the theories have been clarified from the perspectives of economics and sociology.The second part of this paper is to analyse the current situation of the development of offshore fishing vessel crews.The current legislative and judicial status of the protection of labour rights and interests of seafaring fishing vessel crews in China is analysed,and the existing problems of the protection of labour rights and interests of seafaring fishing vessel crews in China are visually identified according to the current situation,laying the foundation for the third part.The third part of this paper analyses in detail the existing problems in the protection of the labour rights and interests of the crew of ocean-going fishing vessels,mainly in terms of the lack of clarity in the identification of the labour relations of the crew of ocean-going fishing vessels,the lack of specific protection of labour conditions,the lack of timely payment of wages and salaries,the lack of adequate compensation for personal damages and the protection of repatriation rights and interests.The fourth part of this paper draws on overseas experience in the protection of labour rights and interests of crew members of offshore fishing vessels.By analysing the legal systems of typical countries such as the Philippines,Japan,the United States and South Korea in terms of labour contracts,labour conditions and compensation for personal injury,the implications for China are summarised.The fifth part of this paper proposes specific countermeasures to address the problems in the third part.The main focus is on protecting the labour rights and interests of the crew of ocean-going fishing vessels from various perspectives,including the signing of labour contracts by intermediaries as intermediaries,the refinement of work safety regulations for crew members,the establishment of special wage standards,social security supplemented by special commercial insurance to increase the protection of personal rights and interests,and the appropriate allocation of the burden of proof for repatriation.It is hoped that this paper can effectively protect the legitimate rights and interests of the crew of ocean-going fishing vessels and promote the development of China’s ocean-going fishing industry.